70 Tenn. 513 | Tenn. | 1879
delivered the opinion of the court.
This is an indictment charging the prisoner with forging, and in other counts with altering and offering
“May let Lorie Rogers have nineteen (19.00) dollars in goods, and charge to me. W. Cpell.”
Endorsed “ Brownsville, Tenn.”
The indictment charges that the person whose name was intended to be forged was W. E. Capell — but it will be observed that both initials are not signed, and that the second letter “a” of the surname is omitted. A demurrer to the indictment was overruled, and the defendant convicted.
It appears in proof that the defendant had worked for the prosecutor, W. E. Capell, and had received from him orders on Hotchkiss & Wilder, merchants of Brownsville. That afterward the defendant presented the order in question to one of said firm, who observed that it was badly written, and asked defendant if Capell wrote it. He replied that he did, that he was in a hurry, and wrote it on his horse. This explanation was deemed sufficient, and a clerk was proceeding to fill the order and had nearly done so, when Capell came into the store and his attention was called to the order, and he at once repudiated it. Very soon after Capell came into the store, and before he could examine the order, the defendant left the store, and did not return.
The questions made for reversal are: 1st, that the order is addressed to no one. This is not material. See 2 Am. Cr. P. & P., 1633. 2d, it is insisted th'at no one’s name was forged to the paper, and it is therefore not the subject of forgery. Tt 'is in proof
Let the judgment be affirmed.